by Marvin J. Ramirez
Marvin J. RamirezAt a time when most people are noticing the government increase of domination over the people, contrary to what should be: the people domination over the government, El Reportero is glad to publish the following article authored by Washingtonblog.com. I believe that it is my duty to inform the people of some aspects of our current government that are becoming detrimental to our liberties. Perhaps this article will wake some people up, perhaps not. Due to its length and our limited space, we will publish it in several parts. This is the third part of a series.
Americans – like Nazi Germans – don’t notice that all of our rights are slipping away — Part 3
by washingtonsblog.com
Last week, we left off at spying on Americans, how corporations such as Verizon, has applied for a patent that would allow your television to track what you are doing, who you are with, what objects you’re holding, and what type of mood you’re in. Given Verizon and other major carriers responded to at least 1.3 million law enforcement requests for cell phone locations and other data in 2011, such information would not be kept private. (And some folks could be spying on you through your tv using existing technology.)
— And the spying isn’t being done to keep us safe … but to crush dissent and to smear people who uncover unflattering this about the government … and to help the too big to fail businesses compete against smaller businesses (and here ).
In addition, the ACLU published a map in 2006 showing that nearly two-thirds of the American public – 197.4 million people – live within a “constitution-free zone” within 100 miles of land and coastal borders:
The ACLU explained:
– Normally under the Fourth Amendment of the U.S. Constitution, the American people are not generally subject to random and arbitrary stops and searches.
– The border, however, has always been an exception. There, the longstanding view is that the normal rules do not apply. For example the authorities do not need a warrant or probable cause to conduct a “routine search.”
– But what is “the border”? According to the government, it is a 100-mile wide strip that wraps around the “external boundary” of the United States.
– As a result of this claimed authority, individuals who are far away from the border, American citizens traveling from one place in America to another, are being stopped and harassed in ways that our Constitution does not permit.
– Border Patrol has been setting up checkpoints inland — on highways in states such as California, Texas and Arizona, and at ferry terminals in Washington State. Typically, the agents ask drivers and passengers about their citizenship. Unfortunately, our courts so far have permitted these kinds of checkpoints – legally speaking, they are “administrative” stops that are permitted only for the specific purpose of protecting the nation’s borders. They cannot become general drug-search or other law enforcement efforts.
– However, these stops by Border Patrol agents are not remaining confined to that border security purpose. On the roads of California and elsewhere in the nation – places far removed from the actual border – agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing.
– The bottom line is that the extraordinary authorities that the government possesses at the border are spilling into regular American streets.
Computer World reports today:
Border agents don’t need probable cause and they don’t need a stinking warrant since they don’t need to prove any reasonable suspicion first. Nor, sadly, do two out of three people have First Amendment protection; it is as if DHS has voided those Constitutional amendments and protections they provide to nearly 200 million Americans.
Don’t be silly by thinking this means only if you are physically trying to cross the international border. As we saw when discussing the DEA using license plate readers and data-mining to track Americans movements , the U.S. “border” stretches out 100 miles beyond the true border. Godfather Politics added:
But wait, it gets even better! If you live anywhere in Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, Michigan, New Hampshire, New Jersey or Rhode Island, DHS says the search zones encompass the entire state.
Immigrations and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have a “longstanding constitutional and statutory authority permitting suspicionless and warrantless searches of merchandise at the border and its functional equivalent.” This applies to electronic devices, according to the recent CLCR “Border Searches of Electronic Devices” executive summary [PDF ]:
Fourth Amendment
The overall authority to conduct border searches without suspicion or warrant is clear and longstanding, and courts have not treated searches of electronic devices any differently than searches of other objects. We conclude that CBP’s and ICE’s current border search policies comply with the Fourth Amendment. We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits. However, we do think that recording more information about why searches are performed would help managers and leadership supervise the use of border search authority, and this is what we recommended; CBP has agreed and has implemented this change beginning in FY2012.
(IT WILL CONTINUE ON NEXT WEEK’S EDITION).
